AKIBAT HUKUM PEMBATALAN PENDAFTARAN MEREK TERHADAP HAK PENERIMA LISENSI MEREK MENURUT UU NO. 15 TAHUN 2001

Agus Mardianto

Abstract


Trade globalization has made trade mark becomes very important, especially in relation to a fair business competition. A trade mark is a sign that functions as a distinguished from those of others, quality guarantee and source of origin.  Owner of a trade mark registered reserves exclusive right to use that trade mark for a period of time or may grant permission to other parties to use the trade mark.  Permission to other parties should be given through a letter of agreement for permission to use (not transfer of ownership) that trade mark for a certain period of time, and this is accordingly called licence.  Registration of a trade mark in the general list of trade mark can be cancelled upon request with an argument that the trade mark has a basic similarity with a previously registered trade mark, or the registration was made for cruel intention.  This paper discusses licence and cancellation of a trademark, as well as the consequences of trade mark cancellation for the licensee. Cancellation of a trade mark registration results in termination of a trade mark license agreement, but the licensee may reserve his right until the completion of agreement period.

Key words : exclusive right, license agreement, licensee


Full Text:

PDF


DOI: http://dx.doi.org/10.20884/1.jdh.2011.11.3.174

Refbacks

  • There are currently no refbacks.





JURNAL DINAMIKA HUKUM Indexed by :

 
Jurnal Dinamika Hukum
Faculty of Law, Universitas Jenderal SoedirmanCopyright of Jurnal Dinamika Hukum
Yustisia I Building, Room Number 111ISSN 2407-6562 (Online) ISSN 1410-0797 (Print)
Purwokerto, Central Java, Indonesia, 53122JDH is licensed under a Creative Commons Attribution 4.0 International License